Was sued for a debt that isn't mine and just found out.

by Taylor

I just checked my credit and a Judgement showed up that I know isn't mine. It was an auto loan for 6,000 dollars and I have never had an auto loan before. I never even received letters or phone calls about this. My father has the same name as me so I'm thinking they confused us. I called the company that the loan was from and they didnt have my social on file in their system anywhere and told me to send a fax disputing it. I plan on doing that but is that really enough to get it off my credit? This is keeping my from purchasing a house. Any advice would be greatly appreciated.

Comments for Was sued for a debt that isn't mine and just found out.

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Nov 04, 2015
Not your debt!
by: Anonymous

Seek legal assistance and do not give them any of your personal information. A judgment has been issued against you and the court will honor the garnishment. Contact the Consumer Financial Protection Bureau and the major credit bureaus to dispute the debt. the collection agency will take the information that you provide and turn it against you for doing "the right thing." Their wish is to harass you about the debt and get it paid at all cost. This will place you peril if you do not get on it quickly. Debt collectors or debt buyers do not care that you are embarrassed their objective is to make money.

Sep 03, 2013
Worked in the auto loan industry for 6 years
by: Anonymous

From the 6 years in customer service and the 4 years as a payment processor in the auto finance industry, I have seen this time & time again, write a letter stating the debt is not yours. Make sure to write the names of ALL the employees you spoke with & make sure to write them in the letter. Try to get their supervisors names & try to speak to them. They don’t have your social on file so they should take out this ASAP, you do have to be a bit cautious when you do this though, some people are not all that there & may update your SS# so you owe this debt. If anything try to find a any information related to the auto loan account on your credit report . They do have the power to report to the credit bureaus next business day, this is called a Bull's eye report(not many people know this). In your credit report you should see an account, a name, an address, it is very minimal information but it is enough to make a search in the system.
If nothing else works send another letter, as well as calling them stating if they do not remove this debt that is not yours you will report them to the Better Business Bureau (BBB)& take legal action. 1. They need good rating from the BBB, A customer who owed 3grand in late charges for the past 8 years was cleared due to threatening to contact the BBB, a bull's-eye was made his title was sent ASAP (that this is the best way to resolve debt one made) & 2. Showing them you will take legal action, will bring them to their toes, they hate that and will most likely take it off asap. Just make sure to find an account, write names, send letters & remember to ask for a bull's-eye report as well as a letter from them stating this was done. They might tell you they don’t have a letter head with that information, but a supervisor or a VP will be able to make one. Ask for copies of everything. Be stern & Good luck!!

May 15, 2013
Was sued for a debt that isn't mine and just found out
by: Debtcollectionanswers.com

Sorry to learn about your problem! Hopefully this information will help you resolve it.

If you dispute the debt and the creditor confirms that the wrong person was sued for the past due car loan and promised to remove the judgment information from your credit histories as a result, order your histories a month or so later to confirm that that happened.

By the way, you should always dispute a debt in writing so you have a record of what you did and when you did it. Make a copy of your letter for your files and send the original via certified mail with a return receipt requested. Attach the receipt to the copy of your letter.

Having a record is important because the federal Fair Debt Collection Act says that when you dispute the validity of a debt the creditor must investigate your dispute. If it does not therefore, the creditor has violated the law and so you may have good basis for a lawsuit. Your letter and the return receipt would be an important pieces of evidence in a lawsuit.

If after conducting its investigation the creditor maintains that you were the right person to sue (or if it promises to delete the judgment from your credit histories and does not), then it's time to talk with a consumer law attorney who helps people resolve their debt collection problems. For a free consultation, you can go here: free consultation with a consumer law attorney.

It is extremely important that you resolve your problem because having a judgment in your credit history is a big negative. It will affect your ability to get credit, including the home loan you want, and it can also prevent you from getting a job you may apply for, renting a place to live and even being able to purchase the insurance you need.

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